VIII. Assignment of Proceeding

Michael R. Peevey is the Assigned Commissioner and Timothy Kenney and Sarah R. Thomas are the assigned ALJs in this proceeding.

Findings of Fact

1. TURN made a substantial contribution to D.02-10-020, D.03-10-088, D.04-02-063, D.04-07-036 and D.04-09-061 as described herein.

2. TURN did not prevail on all issues in D.02-10-020, D.03-10-088, D.04-02-063 and D.04-09-061. The total value of the disallowance is $79,742.20.

3. TURN's requested hourly rates for attorneys and experts (as adjusted in the opinion) are reasonable when compared to the market rates for persons with similar training and experience.

4. The total of the reasonable compensation is $519,012.49.

5. The appendix to this opinion summarizes today's award.

Conclusions of Law

1. TURN has fulfilled the requirements of Pub. Util. Code §§ 1801-12, which govern awards of intervenor compensation, and is entitled to intervenor compensation for compensation of reasonable expenses in making substantial contributions to D.02-10-020, D.03-10-088, D.04-02-063, D.04-07-036 and D.04-09-061.

2. TURN should be awarded $519,012.49 for its contribution to D.02-10-020, D.03-10-088, D.04-02-063, D.04-07-036 and D.04-09-061.

3. This order should be effective today so that TURN may be compensated without further delay.

4. This proceeding should be closed.

ORDER

IT IS ORDERED that:

1. The Utility Reform Network (TURN) is awarded $519,012.49 as compensation for its substantial contributions to Decision (D.) 02-10-020, D.03-10-088, D.04-02-063, D.04-07-036 and D.04-09-061.

2. Within 30 days of the effective date of this decision, Pacific Bell Telephone Company and Verizon California Inc. shall pay their respective shares of the award. Each utility's share shall be calculated based on each utility's proportional California jurisdictional revenues in 2002. Payment of the award shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, beginning February 13, 2005, the 75th day after the filing date of TURN's request for compensation, and continuing until full payment is made.

3. Rulemaking 01-09-001 and Investigation 01-09-002 are closed.

This order is effective today.

Dated August 24, 2006, at San Francisco, California.

APPENDIX

Compensation Decision Summary Information

Compensation Decision:

D0608007

Modifies Decision?

No

Contribution Decision(s):

D0210020, D0310088, D0402063, D0407036 and D0409061

Proceeding(s):

R0109001, I0109002

Author:

ALJ Thomas

Payer(s):

Pacific Bell Telephone Company, Verizon California Inc.

Intervenor Information

Intervenor

Claim Date

Amount Requested

Amount Awarded

Multiplier?

Reason Change/Disallowance

The Utility Reform Network

11/30/04

$599,936.69

$519,012.49

No

Did not prevail on certain issues; failure to justify hourly rate

Advocate Information

First Name

Last Name

Type

Intervenor

Hourly Fee Requested

Year Hourly Fee Requested

Hourly Fee Adopted

James

Anthony

Attorney

The Utility Reform Network

$190

2001

$190

James

Anthony

Attorney

The Utility Reform Network

$205

2002

$205

Robert

Finkelstein

Attorney

The Utility Reform Network

$310

2001

$310

Robert

Finkelstein

Attorney

The Utility Reform Network

$340

2002

$340

Robert

Finkelstein

Attorney

The Utility Reform Network

$365

2003

$365

Robert

Finkelstein

Attorney

The Utility Reform Network

$395

2004

$395

William

Nusbaum

Attorney

The Utility Reform Network

$340

2003

$340

William

Nusbaum

Attorney

The Utility Reform Network

$365

2004

$365

Christine

Mailloux

Attorney

The Utility Reform Network

$250

2001

$250

Christine

Mailloux

Attorney

The Utility Reform Network

$275

2002

$275

Hayley

Goodson

Law Student

The Utility Reform Network

$95

2002

$95

Regina

Costa

Policy Expert

The Utility Reform Network

$180

2001

$180

Regina

Costa

Policy Expert

The Utility Reform Network

$200

2002

$200

Regina

Costa

Policy Expert

The Utility Reform Network

$215

2003

$215

Regina

Costa

Policy Expert

The Utility Reform Network

$230

2004

$230

Mark

Barmore

Attorney

The Utility Reform Network

$125

2004

$125

Gayatri

Schilberg

Economist

The Utility Reform Network

$130

2002

$130

Gayatri

Schilberg

Economist

The Utility Reform Network

$140

2003

$140

William

Marcus

Economist

The Utility Reform Network

$175

2002

$175

Ron

Faubion

Analyst

The Utility Reform Network

$50

2002

$50

Terry

Murray

Policy Expert

The Utility Reform Network

$325

2002

$320

Scott

Cratty

Policy Expert

The Utility Reform Network

$200

2002

$185

Elizabeth

Kientzle

Policy Expert

The Utility Reform Network

$200

2002

$185

Tom

Catlin

Policy Expert

The Utility Reform Network

$160

2002

$160

Tom

Catlin

Policy Expert

The Utility Reform Network

$160

2003

$160

Lafayette

Morgan

Accountant

The Utility Reform Network

$105

2002

$105

Lafayette

Morgan

Accountant

The Utility Reform Network

$105

2003

$105

(END OF APPENDIX)

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